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Exclusive Control of a Worksite Can Create a Duty to Subcontractors

In the case of Kruthaup v. Schoen Builders, L.L.C., 2023-Ohio-2090, an appellate court held that summary judgment was inappropriate when there was an issue of material facts regarding the level of exclusive control that a construction company has on a construction site. In this case, the subcontractor argued that the construction site, specifically the authority […]

Pharmacy May be Responsible for Over Dispensing Opioids to Ohio Resident

In the case of Est. of Mehrer v. Walgreens Specialty Pharm., 2023-Ohio-2070, an appellate court held that summary judgment was inappropriate when the expert testified that the pharmacy’s dispersal of opioids may have been the proximate cause of a decedent’s overdose. In this case, the decedent’s estate argued that the pharmacy’s over dispensing of opioids […]

Public Employees Must Resolve Employment Disputes According to CBA Procedures

In the case of Falconer v. Warrensville Heights City Sch. Dist. Bd. of Educ., 2023-Ohio-2068, an appellate court held that the court of common pleas did not have original jurisdiction over the employment dispute between the public employee and school board because the collective bargaining agreement (“CBA”) specified so. In this case, the public employee […]

Gender Discrimination Claims Move Forward

In the case of Lee v. Vanderbilt Univ., 6th Cir., No. 22-5607 (June 22, 2023), a federal appellate court held that the case could go forward in litigation when the professor alleged that (1) men and women were treated differently within the university and (2) the department chair and the dean harbored resentment against the […]

Employee Terminated for Not Disclosing Murder Conviction

In the case of Childs v. Kroger Co., 2023-Ohio-2034, an appellate court held that the supermarket did not act unlawfully in terminating a former employee when the supermarket discovered the former employee’s murder conviction. In this case, the former employee argued that the supermarket (1) was estopped from terminating the former employee based on the […]

Retaliation Only Occurs Within a Short Period of Time

In the case of Hall v. Kosei St. Marys Corp., 2023-Ohio-2021, an appellate court held that the employee did not have a retaliation claim when there was not a temporal proximity between the termination and raising concerns over a subordinate. In this case, the employee argued that the termination happened in retaliation for the employee […]